Jeremy Wilton

The accused, Levan Hamilton, was found guilty after trial of possession of cocaine and fentanyl for the purpose of trafficking, and proceeds of crime.

The Crown sought a nine-year sentence, while the defence sought five years, both less pre-sentence custody.

The court considered aggravating factors including the quantity and nature of drugs (fentanyl), the accused's extensive criminal record, and repeated breaches of court orders.

Mitigating factors included some remorse, family support, efforts at rehabilitation while incarcerated, and harsh pre-sentence custody conditions.

The court imposed a global sentence of seven years concurrent for the drug offences and three years concurrent for proceeds of crime, resulting in a net sentence of three years in federal penitentiary after applying 1.5:1 credit for 946 days of pre-sentence custody.

Zaheer Ahmad, charged with criminal harassment, applied for a review of his detention order, arguing that his pre-trial custody of 330 days constituted a material change in circumstances as it would likely exceed any potential sentence.

The applicant had a history of non-compliance with court orders and peace bonds, but had not contacted the complainant while detained.

The court found that the length of pre-trial detention did constitute a material change.

It further determined that the Crown had not met its onus to justify continued detention on secondary or tertiary grounds, despite the strength of the prosecution's case and the concerning circumstances of the alleged offence.

The court emphasized the presumption of innocence and the right to reasonable bail, concluding that further detention would undermine public confidence in the administration of justice.

The detention order was vacated, and Mr. Ahmad was released on a recognizance with conditions, including reporting to the Toronto Bail Program, residing at an approved address, attending counselling and medical treatment, and having no contact with the complainant.

The accused, Jason Angeles, was charged with multiple counts of possession of firearms and prohibited weapons.

The Crown argued for constructive possession based on circumstantial evidence, including video surveillance of Angeles entering an apartment where weapons were later found, and his subsequent return to the apartment after a staged break-in, where he commented, "The boss man is going to be pissed." The court found that while Angeles's actions were highly suspicious and he was likely involved in criminal activity, the evidence did not prove beyond a reasonable doubt that he had specific knowledge of the firearms.

The court distinguished the case from other constructive possession precedents, emphasizing the lack of evidence that Angeles handled the weapons or was in close proximity to them, and the possibility that he was aware of other contraband rather than specifically firearms.

Consequently, all charges were dismissed.